SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2007 Supreme(HP) 391

DEEPAK GUPTA
National Insurance Company Ltd. – Appellant
Versus
Naresh Kumar – Respondent


Advocates appeared:
Ashwani Kumar Sharma, for Appellant; Ramakant Sharma and Dinesh Bhanot, for Respondents.

ORDER :- By this judgment the aforesaid four appeals are being disposed of since they arise out of the same accident and involve common questions of law.

2. On 17-2-2001 at about 11.00 p.m. an accident took place between jeep No. HP-12-1711 and truck No. HIS 9211. A number of claim petitions were filed and the learned Tribunal held that the accident took place due to rash and negligent driving of Jagtu, driver of the truck which was owned by Bahadur Singh. Compensation was awarded and the Insurance Company was held liable to pay compensation.

3. The dispute raised by the Insurance Company is that on the date of accident the truck was not insured with it. The admitted facts are that a cover note was issued by the appellant-Insurance Company in favour of Bahadur Singh, owner of the truck No. HIS 9211 whereby truck was insured w.e.f. 21-4-2000 to 20-4-2001. The payment of premium was made by Bahadur Singh, owner of the truck, vide cheque No. 989130, dated 19-4-2000, Ex.PW-3/A. Consequent to the issuance of the cover note, the Insurance Company also issued a policy of insurance, Ex. RW-3/B. This cover note was issued on the consideration of the cheque. The cheque was sent for encashment






















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top